Stern v. Hermann

Appellate Division of the Supreme Court of New York

Stern v. Hermann

32 A.D.2d 629, 300 N.Y.S.2d 404, 1969 N.Y. App. Div. LEXIS 3906

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 22, 1969

StatusPublished

This text of 32 A.D.2d 629 (Stern v. Hermann) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stern v. Hermann, 32 A.D.2d 629, 300 N.Y.S.2d 404, 1969 N.Y. App. Div. LEXIS 3906 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order entered January 28, 1969, unanimously modified, on the law, on the facts and in the exercise of discretion, without costs and disbursements, to provide that the statement of readiness heretofore served and filed by plaintiff be vacated, and the action, if it appears on the Trial Term Calendar, be stricken therefrom. There has been a failure to comply with the provisions of subdivision 4 of rule IV of the New York County Supreme Court Rules (22 NYCRR 660.4 [d]). Also it is noted that the answer and a subsequent amended answer were served following the service and filing of the statement of readiness. The defendant shall appear for examination at Special Term, Part II, on a date to be fixed by notice duly served by plaintiff. Concur — Stevens, P. J., Eager, Tilzer, McGivern and Steuer, JJ.

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Order entered January 28, 1969, unanimously modified, on the law, on the facts and in the exercise of discretion, without costs and disbursements, to provide that the statement of readiness heretofore served and filed by plaintiff be vacated, and the action, if it appears on the Trial Term Calendar, be stricken therefrom. There has been a failure to comply with the provisions of subdivision 4 of rule IV of the New York County Supreme Court Rules (22 NYCRR 660.4 [d]). Also it is noted that the answer and a subsequent amended answer were served following the service and filing of the statement of readiness. The defendant shall appear for examination at Special Term, Part II, on a date to be fixed by notice duly served by plaintiff. Concur — Stevens, P. J., Eager, Tilzer, McGivern and Steuer, JJ.

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Bluebook (online)

32 A.D.2d 629, 300 N.Y.S.2d 404, 1969 N.Y. App. Div. LEXIS 3906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stern-v-hermann-nyappdiv-1969.